Articles 2023

In 0923063 B.C. Ltd. v. JM Food Services Ltd., 2019 BCSC 553, the court held that cutting franchisee's supplies off is breach of contract and of the duty to perform in good faith warranting punitive damages. This case update reports on the court's decision and analysis.

In UAlberta Pro-Life v. Governors of the University of Alberta, the Alberta Court of Appeal held that a university's regulation of free expression on campus is a form of governmental action subject to Charter scrutiny. The decision sets a new precedent on the application of the Charter to university activities, applies the Doré test on a correctness standard of review, and considers the recent Vavilov decision of the Supreme Court of Canada. This article reviews this noteworthy decision.

The author explores the conflicting, and sometimes surprising, manner in which Canadian courts and tribunals have assessed the identifiability of information.

Insurers should be aware of the recent costs decision in Przyk v. Hamilton Retirement Group Ltd. This case sets an adverse precedent to insurers that employ strict policies against paying out modest claims, categorized as defensible, prior to trial. Even if the insurer succeeds at trial on the merits, the court may award no costs to that insurer.

Often parties describe a mediation process that does not result in a settlement as a failure. Focussing on the money spent preparing for the mediation, and for the Mediator’s fees, and on the time diverted from the litigation process, parties are typically blind to the myriad benefits of the mediation process itself, separate and apart from any resolution that may arise from it. Here are the top 10 benefits to the mediation process.

Twelve mediation advocacy tips for Ontario lawyers.